Sacramento daily record-union. [volume] (Sacramento [Calif.]) 1875-1891, 1887-03-18

on the third day of January, A. d. eighteen hun.
bred and ejghty-seyen. two-thirds of all the
members elected TO each of the two Houses of
said Legislature voting in favor thereof, hereby
propose that Sections two and three, of Article
vi, of the Constitution OF said State, be
amended so as to read as follows:
SECTION .. The Supreme Court shall consist of
seven Justices. The Associate Justices of the
Supreme Court, in office at the time of the adop-
ton of this amendment to the Constitution, are
hereby continued in Office as Justices of the su-
preme Court for the remainder of the terms to
which they were respectively elected. The jus
tees shall elect one of their number to be Chief
Justice, and he shall hold the office of Chief
Justice of said Court for term of two years.
At the expiration of the term of the Chief JUS
tice first elected and every two years thereafter
the Justices shall elect Chief Justice for like
term of two years. An entry of the election of
such Chief Justice shall be made in the minutes
Of the Court and signed by four Justices. When
ever thereafter vacancy occurs in the office of
Chief Justice, like election shall be had to
fill such Office for the unexpired term. The SUI
preme Court may sit in departments or in bank.
and shall always be open for the transaction of
business. There shall be two departments de-
nominated respectively, Department One and
Department Two The Chief Justice shall assign
three of the Justices to each department, and
such assignment may be changed by him from
time to time. The Justices shall be competent to
sit in either department, and may interchange
with each other by agreement among them
selves or as ordered by the Chief Justice. Each
of the departments shall have the power to hear
and determine causes and all questions arising
therein, subject to the provisions hereinafter
contained in relation to the Court in bank. The
presence of three Justices shall be necessary to
transact any business in either of the depart
ments, except such as may be done at cham
bers and the concurrence of two Justices shall
he necessary to pronounce a judgment. The
Chief Justice shall apportion the business to
the departments, and may. IN his discretion,
order any cause pending before the Court to be
heard and decided by the Court in bsnk. The
order may be made before or after judgment
pronounced by department; but where cause
has been allotted to one of the departments, and
judgment pronounced thereon the ordermust
be made within thirty days after such judgment,
and concurred in by two Justices, and if so
made it shall have the effect to yacate and set
aside the Judgment Any four Justices may,
either before or after Judgment by depart
ment, order a case to be heard in bank. II the
order be not made within the time above linn
tied, the Judgment shall be final. No judgment
by a department shall become final until the
expiration of the period OF thirty days acre
said unless approved by the Chief Justice, in
writing, with the concurrence of two Justices
The Chief Justice may convene the Court in
bank at any time, and shall be the preSid-
ing Justice of the Court when so con-
vened. The concurrence of four JUS
tees present at the argument shall be
necessary to pronounce Judgment in bank I;
but if four Justices so present, do not concur in
a Judgment, then all the Justices qualified to sit
in the cause shall hear the argument; but to
render a Judgment concurrence OF four Judges
shall be necessary. In the determination of
causes all decisions of the Court in bank, or in
departments. shall be given in writing, and the
grounds of the decision shall be stated. The
Chief Justice may sit in either department, and
shall preside when so sitting, but the Justices
assigned to each department shall select one of
their number as presiding Justice. In case of
the absence of the Chief Justice from the place
at which the Court is held, or his inability to
act the Associate Justices shall select one of
their own number TO perform the duties and ex
ercise the powers OF the Chief Justice during
such absence or inability to act. The Supreme
Court Commission, created by the Act of the
Legislature approved March twelfth. eighteen
hundred and eighty-five, shall continue and be
a Supreme Court Commission for four years after
the adoption of this amendment said Com
mission may be continued for such tin
thereafter as may be fixed by an Act
passed by vote of tWo-thlrds OF the
elected members OF eaeh House OF the
Legislature, and approved by the Governor.
The members thereof and Secretary shall be ap-
pointed as in said Act provided; and such Com
missioners shall be subject to removal in like
manner as Judges of the Supreme Court. Said
Commission shall have the same power to hear
and determine causes possessed by depart
ment of the Supreme Court; and causes may be
assigned to the Commission in the same man
Der they are assigned TO department, and after
decision they may be ordered heard in bank In
the same way, and with like restrictions as II
decided in department. The judgments of the
Commission shall be entered as the judgments
of the Court. The Commission shall sit at such
times and places as may be designated by the
Court, but such Commissioners shall not exer-
else any judicial functions except when assem-
bled as a Commission, and then they shall only
have the power to hear and determine such
causes as may have been assigned to them.
SECTION 3. The Justices Of the Supreme Court
shall be elected by the qualified electors of the
Safe at large, at the general State elections, and
the times and places at which State officers are
elected; and the term of Office shall be twelve
years from and after the firt Monday after the
first day of January next succeeding their cleo
ton Three Justices shall be elected for the full
term az the general State election held IN eight
cen hundred and ninety; and at the general cleo
ton held every fourth year thereafter two
Justices shall be elected for full terms Of twelve
years, except that in every twelfth year there
after three Justices shall be elected for full
terms. If the Chief Justice. or any Justice. be-
comes permanently disqualified. either men,
tally or physically, to perform the duties OF his
Office and such fact is certified to the Governor
by five Justices one of whom may be the Chief
Justice in case Of the disability of Justice. the
Office Of such disqualified person becomes i'm
mediately vacant, and he shall be PAID retir-
ing salary Of two hundred and fifty ESQ dollars
per month for the remainder of his term. II a
vacancy exist or occur in the office of Justice,
the Governor shall appoint person to hold the
Office for the remainder of the unexpired term.
The Governor shall appoint Justice to hold
Office as Justice for the unexpired term of the
late Chief Justice.